How To Safeguard Your Trademark In India

It is a human tendency to brand everything we know as “mine/ours.” The world entering the era of digitalization and marketing is an important part of any business’s growth. The branding sector has taken a huge leap, thereby increasing the application of trademark, copyright, and designs being filed. With the increase in the filing of trademark applications, there has been an increase in the need to monitor the existing trademarks and, more importantly, register your marks as soon as possible to claim priority usage to Safeguard Your Trademark In India.

India has now slowly become a hub for trademarks. Every year, lakhs of people apply and get their marks registered. The registration process, right from trademark search to obtaining registration certificate, usually takes 12-15 months, and there are many rules to comply with. It is always advisable to register your mark to shield your mark with legal protection- because trademark laws are based on the principle that No Registration No Protection.

Although the law is very generous, it gives us an option to file passing-off actions against the use of your mark by the third party, but this protection limits only reputed and well-known marks. So as long as your mark have an established reputation in the sector, passing off can be handy; if not, then you will lose everything, do you read that, everything

Things you can do to safeguard your trademark in India:

Make sure your brand name qualifies for all the criteria of registration. 

If your mark is not unique, distinct, and has some similarity with other marks, your application will be rejected. Therefore, we advise you to design a mark to not face any issues while registration when you need to contact your lawyer for a trademark search.

UNIMARKS LEGAL SOLUTIONS suggest that “a strong foundation implies a strong future of the business.” Get your trademark search today to avoid complications later. To know what can qualify as a good trademark, you can check our guide to a good trademark.

File trademark application: 

If you want to safeguard your trademark in India, then you have to definitely file it for registration. Once you’re sure that your mark is all eligible and your lawyer has shown a green single, there is no reason to wait. You can apply for registration and, with all supporting documents, get your mark registered and own your mark like how a king owns his kingdom. The registration process is straightforward and simple because we at UNIMARKS LEGAL SOLUTIONS have simplified it for you. Contact us to get your mark registered today.

React Promptly To examination reports Or third-party oppositions :

“Ignorance of the law is no excuse and once limitation crosses you cannot get your chance to fight back.”

Track your application, examination reports, and oppositions, and file on time. We are here to support you at every filing stage.

 Keep Up Your Trademark 

Never miss your deadlines on any filing of the documents. Once registered to make sure you have your certificate printed, laminated, and kept safely. To protect your mark, always display the registration certificate.

Renewals are done every 10 years, therefore you may miss them if you don’t check your mark and renew regularly.

Check on infringers and monitor your mark:

Once you register your trademark in India, you have to keep checking for infringers around you. You have to be agile and vigilant to protect your mark. You have to meticulously reply to all the objections and keep sending Cease and Desist Notice to all infringing parties. Silence in registering objections can mislead the registrar into thinking you don’t oppose the infringing mark’s registration.

Editor’s note: Your Brand is your identity, and to protect your identity, you hire us. Unimarks is known for expertise in providing services from trademark search to managing objections to registration to monitoring your brand, please drop an email at info@unimarkslegal.com

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